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JERNSTROM UNEMPLOYMENT COMPENSATION CASE. JONES AND LAUGHLIN STEEL CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (12/12/63)

December 12, 1963

JERNSTROM UNEMPLOYMENT COMPENSATION CASE. JONES AND LAUGHLIN STEEL CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeals, Nos. 233, 234, 235, and 236, April T., 1963, by employer, from decision of Unemployment Compensation Board of Review, Nos. B-78730, B-78729, B-78731, and B-78728, in re claims of Oscar F. Jernstrom et al. Decisions affirmed.

COUNSEL

John G. Wayman, with him J. Sherman McLaughlin, and Reed, Smith, Shaw & McClay, for employer, appellant.

Jerome H. Gerber, with him Sidney G. Handler, for claimants, intervening appellees.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 202 Pa. Super. Page 209]

OPINION BY MONTGOMERY, J.

This appeal is by the employer, Jones and Laughlin Steel Corporation, from decisions of the Unemployment Compensation Board of Review allowing claims for compensation filed by four men employed in the P2-14" Bar Mill of its Pittsburgh Works Division. Approximately 300 men were employed in that department. The four claims before us are representative of similar claims filed by the entire group.

On or about June 26, 1959, claimants were laid off to permit repairs to be made to certain machinery in

[ 202 Pa. Super. Page 210]

    the mill, specifically, the electric motors for P2-14" Bar Mill. The motors had been sent out of the plant to the General Electric Company to be repaired and had not been returned by July 15, 1959, on which day a nation-wide steel strike was called by the United Steel Workers of America, which is the collective bargaining agent for these employes. This strike continued until November 7, 1959, when the United States Supreme Court affirmed a decision rendered on October 21, 1959 by the United States District Court for the Western District of Pennsylvania, ordering the strikers back to work. Following that affirmance the motors were returned to the plant and installed, and the men were recalled for the resumption of operations in that unit as of November 11, 1959.

It is the contention of appellant that claimants' unemployment on and subsequent to July 20, 1959, was due to the strike, since, it alleges, the motors had been repaired and could have been installed for the resumption of operations on that date, had it not been for the strike. It offered evidence in the form of a letter addressed to Mr. George C. Brown, the unemployment compensation referee to whom these cases had been assigned, dated September 8, 1960, and signed by F. X. Duffy, Supervisor, Employment Department for Jones and Langhline Steel Corporation, which read as follows:

"Relative to hearings on original appeals held September 1, 1960, this is in reply to your request for information regarding the repair of motors in the Jones and Laughlin Steel Corporation, Pittsburgh Works, 14" Rolling Mill. Our records indicate that the motors were removed on June 29, 1959, and had been available by the 18th of July, and the mill was scheduled at that time to resume operations on July 20, 1959.

"According to our purchase order, it is shown that the cost of repairs paid to the General Electric Company was commensurate ...


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